TOMAS

Citations

• 19 I. & N. Dec. 464

Syllabus

TOMAS, 19 I&N Dec. 464 (BIA 1987) ID 3032 (PDF) (1) The respondents, who have the burden of showing a well-founded fear of persecution to qualify for asylum or withholding of deportation, must be given a reasonable opportunity topresent evidence on their own behalf, including their testimony. (2) Where the respondents cannot speak English fluently, the presence of a competent interpreter is essential for their meaningful participation in certain phases of the hearing and toinsure the fundamental fairness of the proceedings. (3) A remand is ordered by the Board of Immigration Appeals for the purpose of conducting a new hearing and obtaining the services of a professional interpreter fluent in the Kanjoballanguage of Guatemala where the respondents, who spoke no English and little or no Spanish, could not adequately present their case through a Spanish interpreter.